We gave you a brief synopsis on the oral
arguments in this case in April. Now, the D.C. Circuit Court of Appeals has ruled that a U.S. government contractor
in Iraq cannot bring a lawsuit against former Defense Secretary Donald Rumsfeld
for pecuniary damages.

This case was heard by a panel of three judges. While the district court gave the
green light on the lawsuit, the D.C. Circuit Court of Appeals was quick to put
the brakes on this one.

We have the usual facts here: John Doe goes to Iraq as a translator. He makes
contact with an alleged bad-guy and ends up detained in a U.S. facility. There,
he is subject to torture. He is eventually released and not charged with
anything.

Of course, the case cites the usual authority, namely the Bivens case, which set the stage for a federal cause of action. Rumsfeld argued that he
benefited from the doctrine of qualified immunity and that such a suit could not
be brought against him.

While the district court said that Bivens applied, the D.C. Circuit
Court of Appeals held to the contrary— that Bivens did not apply in
this case. This was due to the fact that there were special factors present in
the current case which precluded Bivens remedies.

Specifically, the court noted that Bivens remedies were not
available in cases involving the military, national security or intelligence.

To allow such remedy would hinder national security objectives, the court
stated, in its 13-page opinion.

As for Rumsfeld’s qualified immunity argument, the appeals court didn’t
address it since it had already determined that the suit could not be brought.

The district court’s order has been reversed, but the attorneys for the
contractor have indicated that they just might take the fight to the Supreme
Court.

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DC Circuit features news and information from the U.S. Court of Appeals for the D.C. Circuit, which hears appeals from U.S. District Courts in the District of Columbia. This blog also features news that would be of interest to legal professionals practicing in the D.C. Circuit. Have a comment or tip? Write to us.